[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3063]
[[Page Unknown]]
[Federal Register: February 9, 1994]
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DEPARTMENT OF COMMERCE
[A-533-809]
Amended Final Determination and Antidumping Duty Order; Certain
Forged Stainless Steel Flanges From India
AGENCY: Import Administration, International Trade Administration,
Commerce.
EFFECTIVE DATE: February 9, 1994.
FOR FURTHER INFORMATION CONTACT: Mary Jenkins or Brian Smith, Office of
Antidumping Duty Investigations, Import Administration, U.S. Department
of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-1756 or (202) 482-1766, respectively.
Scope of Order
The products covered by this order are certain forged stainless
steel flanges both finished and not-finished, generally manufactured to
specification ASTM A-182, and made in alloys such as 304, 304L, 316,
and 316L. The scope includes five general types of flanges. They are
weld neck, used for butt-weld line connections, threaded, used for
threaded line connections, slip-on and lap joint, used with stub ends/
butt-weld line connections, socket weld, used to fit pipe into a
machined recession, and blind, used to seal off a line. The sizes of
the flanges within the scope range generally from one to six inches;
however, all sizes of the above described merchandise are included in
the scope. Specifically excluded from the scope of this order are cast
stainless steel flanges. Cast stainless steel flanges generally are
manufactured to specification ASTM A-351. The flanges subject to this
order are currently classifiable under subheading 7307.21.1000 and
7307.21.5000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are provided for convenience and customs
purposes. The written description of the scope of this order remains
dispositive.
Amendment of Final Determination
In accordance with section 735(d) of the Tariff Act of 1930, as
amended (the Act), on December 29, 1993, the Department of Commerce
(the Department) published its final determination that certain forged
stainless steel flanges from India were being sold at less than fair
value (58 FR 68853).
On January 18, 1994, Akai Impex Ltd. (Akai), the respondent,
alleged that the Department made clerical errors with respect to the
product code of one U.S. sale and the price of two additional U.S.
sales used in the calculation of the margin for the final
determination. First, respondent alleged that the Department
incorrectly identified the product code for one of the U.S. sales
transactions. Because respondent did not report a constructed value
(CV) for the incorrect product code, but did provide CV for the product
code in question, respondent alleges that the Department improperly
based the margin for sales of this product on best information
available (BIA). Regarding the errors in price, respondent alleged that
the unit prices for two of Akai's U.S. sales transactions were
incorrectly stated on the Department's disclosure documents.
We agree that these are clerical errors. We examined Akai's latest
submission to the Department as well as the data on Akai's most recent
diskette submission. Both the hard copy of Akai's submission and the
sales transactions as shown on Akai's diskette show that the product
code and the prices for the three referenced transactions are as stated
by Akai. Therefore, we corrected the data in question, and we have
recalculated the margin in our final determination to reflect these
corrections. The corrected margins appear in the suspension of
liquidation section of this notice.
On January 18, 1994, Akai also alleged that clerical errors were
made in the cost information submitted for nine products. Akai alleged
that the Department erroneously calculated CV for six of these
products. In addition, Akai stated that the Department did not use CV
data it submitted for three of the nine products.
We examined Akai's verified submission and determined that we used
in the calculations the data reported by Akai for six of the products
in question. Moreover, we find that Akai did not submit CV data for two
products for which it has alleged clerical errors. Finally, for the
remaining product, Akai reported duplicate data. As discussed in our
final determination, the Department selected the highest reported value
as BIA.
We do not agree that these are clerical errors that should be
corrected by the Department. In all cases we used the data submitted by
Akai. Therefore, we have made no changes to the cost data used in
calculating the margin in our final determination. (See memorandum to
Barbara R. Stafford from Richard W. Moreland, February 1, 1994, for a
detailed explanation of our decision.)
Antidumping Duty Order
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (the Act), on December 20, 1993, the Department of Commerce
(the Department) made its final determination that certain forged
stainless steel flanges from India are being sold at less than fair
value (58 FR 68859, December 29, 1993). However, on February 2, 1994,
in accordance with section 735(d) of the Act, the U.S. International
Trade Commission (ITC) notified the Department that an industry in the
United States is threatened with material injury by reason of such
imports. The ITC did not determine, pursuant to section 735(b)(4)(B) of
the Act, that, but for the suspension of liquidation of entries of
certain forged stainless steel flanges from India, the domestic
industry would have been materially injured.
When the ITC finds threat of material injury, and makes a negative
``but for'' finding, the ``Special Rule'' provision of section
736(b)(2) applies. Therefore, all unliquidated entries of certain
forged stainless steel flanges from India, entered or withdrawn from
warehouse, for consumption made on or after the date on which the ITC
publishes its notice of final determination of threat of material
injury in the Federal Register (which is currently scheduled for
February 9, 1994) will be liable for the assessment of antidumping
duties.
The Department will direct U.S. Customs officers to terminate the
suspension of liquidation for entries of certain forged stainless steel
flanges imported from India and entered, or withdrawn from warehouse,
for consumption before the date on which the ITC publishes its notice
of final determination of threat of material injury in the Federal
Register and to release any bond or other security, and refund any cash
deposit, posted to secure the payment of estimated antidumping duties
with respect to these entries.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs officers to assess, upon further advice by the
administering authority, antidumping duties equal to the amount by
which the foreign market value of the merchandise exceeds the United
States price for all relevant entries of certain forged stainless steel
flanges from India. U.S. Customs officers must require, at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margin as noted below:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter margin
percentage
------------------------------------------------------------------------
Mukand Ltd................................................. 210.00
Sunstar Metals Ltd......................................... 210.00
Bombay Forgings Pvt. Ltd................................... 210.00
Dynaforge.................................................. 210.00
Akai Impex Pvt. Ltd........................................ 18.56
All Others................................................. 162.14
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This notice constitutes the antidumping duty order with respect to
certain forged stainless steel flanges from India, pursuant to section
736(a) of the Act. Interested parties may contact the Central Records
Unit, room B-099 of the Main Commerce Building, for copies of an
updated list of antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 353.21.
Dated: February 4, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-3063 Filed 2-8-94; 8:45 am]
BILLING CODE 3510-DS-P
